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Robinson v. Moses

Robinson v. Moses, 34 S.E. 48 (Va. 1899)
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Court
Supreme Court of Virginia · State Highest Courts
Decided
September 21, 1899
Judges
Keith
Citations
34 S.E. 482 Va. Dec. 686
Disposition
Reversed.
Headnotes
Boundaries — Jurisdiction of Chancery Court. The chancery court has no jurisdiction to settle a boundary. Same — Same—Objection to on Appeal. Objection that the chancery court has no jurisdiction to settle a boundary may be made for the first time on appeal.
Summary
Appeal from circuit court, Augusta county. Suit by one Robinson against one Moses. From the decree, Robinson appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Keith

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Keith, P.,

delivered the opinion of the court.

In this suit the jurisdiction of the chancery court was invoked to settle a boundary of land in dispute between plaintiff and defendant. It is the settled law of this state that a court of chancery has no jurisdiction for this purpose, and that the objection may be made for the first time in this court. See Carrington v. Otis, 4 Grat. 235 ; Collins v. Sutton, 94 Va. 128 , 26 S. E. 415 , and authorities there cited. The decree of the circuit court is reversed, and this court will enter such decree as the circuit court ought to have entered.

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Authorities cited 1

DepthCaseCited by
Collins v. Sutton, 26 S.E. 415 (Va. 1896) 14

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